Posts Tagged ‘Scarborough’

In a draft statement, ASEAN foreign ministers said they tasked the ASEAN-China Senior Officials’ Consultation (ACSOC) mechanism to begin discussions on a substantive and effective COC on the basis of the framework as soon as possible. File

MANILA, Philippines – The Association of Southeast Asian Nations (ASEAN) is seen to take a softer stand on China’s aggressive moves in disputed waters and to highlight instead the conclusion of negotiations on a framework of the Code of Conduct of Parties in the South China Sea (COC).

The latest talks on the COC were held on May 18 in Guiyang, China.

In a draft statement, ASEAN foreign ministers said they tasked the ASEAN-China Senior Officials’ Consultation (ACSOC) mechanism to begin discussions on a substantive and effective COC on the basis of the framework as soon as possible.

ASEAN and China are set to endorse a framework for a COC that will regulate the future behavior of the parties concerned during the meeting in Manila this week. The framework will be endorsed for eventual crafting of a COC.

The Department of Foreign Affairs (DFA) said the framework, completed ahead of the mid-2017 goal set by the leaders of ASEAN and China, contains elements which the parties have agreed to.

But the draft does not call for a legally binding COC, as some ASEAN countries had wanted.

Pending conclusion of a substantive COC, the ministers reaffirmed the importance of maintaining peace, stability, security and freedom of navigation and overflight in and above the South China Sea.

“In this regard, we underscored the importance of the full and effective implementation of the DOC (Declaration on the Conduct of Parties in the South China Sea) in its entirety,” the draft communiqué said.

“Taking note of concerns expressed by some ministers over recent developments in the area, we reaffirmed the importance of enhancing mutual trust and confidence, exercising self-restraint in the conduct of activities, pursuing mutually agreed practical maritime areas of cooperation, and avoiding unilateral actions in disputed features that may further complicate the situation in keeping with the principle of peaceful resolution of disputes without resorting to the threat or use of force,” the draft statement said.

The draft communiqué did not mention the July 12, 2016 arbitral ruling in favor of the Philippines.

‘Philippines should seek enforcement of arbitral award’

But Supreme Court Associate Justice Antonio Carpio said the Philippines should seek enforcement of the arbitration ruling against China on disputed territories in the West Philippine Sea.

Carpio said this after warning that a joint venture with China on the disputed islands would violate the Constitution.

Carpio said the Duterte administration should instead push for its territorial rights stemming from the government’s victory before the Permanent Court of Arbitration (PCA).

He raised suggestions as the country is set to host next week the ASEAN foreign ministers for the framework of the COC for claimants in the maritime row.

Among the options for the government, according to Carpio, is to initiate an agreement among all ASEAN members with territorial claims in the South China Sea like Vietnam, Malaysia, Brunei and Indonesia to declare that no geologic feature in the Spratly Islands generates an exclusive economic zone (EEZ) that could overlap among countries as ruled by the PCA.

He also suggested that the Philippines enter into sea boundary agreements with Vietnam and Malaysia on overlapping EEZ on the extended continental shelf claim in the Spratlys.

Carpio explained such agreements would implement part of the arbitral ruling that no geologic feature in the Spratly Islands generates an EEZ.

“Even if only the Philippines, Vietnam and Malaysia will agree to this declaration, it will clearly remove any maritime delimitation dispute among them leaving, only the territorial disputes,” the magistrate said in an interview.

He explained that such declarations would also isolate China as the only state claiming an EEZ from geologic features in the Spratly islands.

The SC justice said another option would be to file before the United Nations Commission on the Limits of the Continental Shelf an extended continental shelf (ECS) claim beyond the country’s 200-nautical mile EEZ in the West Philippine Sea off the coast of Luzon.

Carpio believes that the UN body would likely award the ECS claim to the Philippines since China would not participate in the process and oppose it. This would be similar to the Philippines’ ECS claim in Benham Rise, which was unopposed.

“If China opposes our ECS claim, China would have a dilemma on what ground to invoke,” he stressed, adding that China cannot invoke its nine-dash line claim over the South China Sea as the CLCS is bound by the PCA ruling under the United Nations Convention on the Law of the Sea (UNCLOS).

Carpio reiterated that the Philippines can file a new case before the UNCLOS tribunal if China starts reclamation activities in Panatag (Scarborough) Shoal as this would destroy the traditional fishing ground of Filipino, Vietnamese and Chinese fishermen.

Carpio earlier criticized the policy of the Duterte administration on the territorial dispute with China in the West Philippine Sea for “setting aside” the PCA award won by the legal team, of which he was part.

He said the policy is “without discernible direction coherence of vision” and “relies more on improvisation than on long-term strategy.”

But the SC justice clarified the blame does not fall on the Department of Foreign Affairs (DFA), because it is Duterte who is the chief architect of the country’s foreign policy.

DFA spokesman Robespierre Bolivar earlier said the PCA ruling might not be mentioned in the framework to be approved by the ASEAN foreign ministers.

The official said the framework would be “generic” and would only outline the nature of the code of conduct for parties in the dispute.

China says it has sovereignty over all the South China Sea north of its “nine dash line.” On July 12, 2016, the Permanent Court of Arbitration in The Hague said this claim by China was not valid. But China chose to ignore international law.

On Friday, Philippine President Rodrigo Duterte said President Xi Jinping threatened war if Duterte started developing Philippine oil and gas resources in the South China Sea. The Philippines has every right to do so, per the award of an international arbitral tribunal in the Hague last year. After describing Xi’s threat, Duterte told his Philippine military audience, “What more could I say?” I sympathize. The Philippines is a much smaller country militarily, economically, and in diplomatic power, than is China. As Duterte points out, war with China would be a “massacre and it will destroy everything,” starting in Palawan, a long Philippine island bordering the South China Sea.

But let’s consider a few options that show this threat of war for what it is: a baseless scare tactic. First, Duterte could hang tough and seek a stronger stance on the issue by the U.S., which is a Philippine ally per the Mutual Defense Treaty of 1951. In his defense, Duterte and his predecessor Benigno Aquino may already have sought such help from the U.S. and gotten turned down or dissuaded. That would be a stain on U.S. honor. But redoubling his efforts, for example reaching out to Trump and bringing the threat before the United Nations General Assembly, is constitutionally required according to Philippine Senior Associate Justice Antonio Carpio.

To whomever one ascribes blame, the U.S.-Philippine alliance failed to defend the Philippine EEZ when China occupied Mischief Reef in 1995, and Scarborough Shoal in 2012. That is a fact. Every day that China continues its occupation, the alliance fails anew.

The U.S. and Philippines together, could easily have defended these locations. The Philippines tried briefly at the Scarborough standoff of 2012, but U.S. ships did not join, and then the U.S. and China brokered a deal in which the Philippines backed off, and China stayed. Why didn’t the U.S. and Philippines return in force when they realized they had been tricked? Given that we all stayed home, we cannot say that China’s willingness to fight has been tested at Scarborough.

A China Coast Guard ship (top) and a Philippine supply boat engage in a stand off as the Philippine boat attempts to reach the Second Thomas Shoal to deliver food and supplies to Philippine Marines in Philippine waters, on March 29, 2014 (AFP Photo/Jay Directo ) Intimidation?

More likely than war would be Chinese attempts to interdict Philippine commercial vessels trying to drill for oil, and offering to sell Philippine oil rights. China did this to Vietnam in 2012. When Vietnam tried to tow sonar in its EEZ, looking for oil and gas, a Chinese boat ran over the cables and cut them. Also in 2012, China National Offshore Oil Corporation (CNOOC) tried to auction blocks for oil exploration that were within Vietnam’s EEZ. The Philippines could protect its oil exploration and drilling with its own Coast Guard, perhaps accompanied by U.S., European and Japanese Coast Guard.

Peace and Freedomcomment: For China, the effort continues to be a success as long as no shots are fired. Deception, coercion, lies and threats are to be expected. As they say in Vietnam, “This is just China.” The Philippines better wise up.

A Filipino protester holds placards with slogans during a rally outside the Chinese consulate at the financial district of Makati, south of Manila, Philippines on Tuesday, April 22, 2014. The group is demanding an end to China’s alleged incursions in the South China Sea and to press the Chinese government to respect the arbitral process under the United Nations Convention on the Law of the Sea. (AP Photo/Aaron Favila)

FILE — In this Dec. 24, 2015, photo, provided by Filipino fisherman Renato Etac, a Chinese Coast Guard boat approaches Filipino fishermen near Scarborough Shoal in the South China Sea. Scarborough Shoal has always been part of the Philippines, by international law. China says it is happy to control fishing in the South China Sea. Credit: Renato Etac

For about five years China has been loudly proclaiming “indisputable sovereignty over the South China Sea.” China has said, everything north of the “nine dash line” shown here, essentially, belongs to China. On July 12, 2016, the Permanent Court of Arbitration in The Hague said this claim by China was not valid. But China chose to ignore international law.

The Vietnamese-claimed Southwest Cay island in the Spratly island group is seen from a Philippine Air Force C-130 transport plane during the visit to the Philippine-claimed Thitu Island by Defense Secretary Delfin Lorenzana, Armed Forces Chief Gen. Eduardo Ano and other officials in disputed South China Sea, western Philippines, Friday, April 21, 2017. The South China Sea issue is expected to be discussed in the 20th ASEAN Summit of Leaders next week. Francis Malasig, Pool Photo via AP

MANILA, Philippines — The Philippines, along with other claimant countries of the South China Sea, should sign the Code of Conduct framework first and pressure China later on, a foreign policy analyst said.

De La Salle University professor Richard Heydarian said that Association of Southeast Nation (ASEAN) countries need a constrainment strategy in resolving the maritime dispute.

“We cannot contain China, they are too powerful… At least what we can do is like-minded countries in the ASEAN can coordinate approach,” Heydarian said in a South China Sea forum hosted by Stratbase ADR Institute on Tuesday.

The analyst added that Brunei is interested in joining discussions with Malaysia, the Philippines and Vietnam regarding the contested waters.

The way forward is for the ASEAN to implement institutional changes such as adopting a qualified majority or an “ASEAN minus X” formula in sensitive issues where it is impossible to get unanimity on decisions, he said.

Heydarian said it would be in the hands of President Rodrigo Duterte what kind of approach he is going to adopt as chairman of the 10-member regional bloc.

“The reality is that as the chairman of the ASEAN we have two major privileges. One major privilege is the second phase of power which is to set the agenda… The second thing is that during President Duterte’s chairman statement, especially later in November, he can say whatever he wants,” he said.

The Philippines as ASEAN chair might not exactly dictate the outcome of the final statement but the country can decide on issues that will be discussed on the agenda.

It would be beneficial for the country if Duterte uses this opportunity in the right way, the foreign policy analyst said.

“The reality is that as far as the Duterte administration is concerned there is this very robust debate. One school of thought is that the president is an unhinged demagogue who is a mayor who has no idea about how to deal about foreign policy. There is the other school of thought that portrays him as a strategic genius whose understanding in the South China Sea is so sophisticated that even us experts will never understand,” Heydarian said.

Philippine Foreign Minister Enrique Manalo

Heydarian said that Duterte is somewhere in the middle based on the events in the past few months within the administration.

“There’s a very robust debate on how to come up with what I call Goldilocks approach in the South China Sea – how to combine the right amount of engagement with China with the right amount of deterrence,” Heydarian said.

While Duterte is seeking to improve economic and investment relations with China, Defense Secretary Delfin Lorenzana is leading efforts to fortify the country’s position on the ground.

“You have this burgeoning strategy but I think it’s very important that the Philippines uses this chairmanship of ASEAN this year to make sure that you have a more sophisticated and robust regional approach to measure that China will know that they will be cause to its increasing strategic footprint on the ground,” the analyst said.

FILE — In this Dec. 24, 2015, photo, provided by Filipino fisherman Renato Etac, a Chinese Coast Guard boat approaches Filipino fishermen near Scarborough Shoal in the South China Sea. Scarborough Shoal has always been part of the Philippines, by international law. China says it is happy to control fishing in the South China Sea. Credit: Renato Etac

The Philippines’ former top diplomat said the position that China’s SCS build-up is a fait accompli should be rejected. File

MANILA, Philippines – Former foreign secretary Albert del Rosario yesterday urged the Association of Southeast Asian Nations (ASEAN) to make the South China Sea (SCS) ruling an “integral” part of the Code of Conduct framework and the eventual finished document.

The Philippines’ former top diplomat said the position that China’s SCS build-up is a fait accompli should be rejected.

While most states strive for a peaceful, rules-based regional order in Southeast Asia, Del Rosario said China’s unilateralism has put this common vision at grave risk.

He urged ASEAN to be united in countering this challenge to its regional centrality and solidarity, noting that promoting the rule of law and strengthening multilateralism in support of the law must be key parts of ASEAN’s response.

“ASEAN and the international community as a whole should utilize the principles in the arbitral ruling to move diplomatic engagement forward,” Del Rosario said during the forum titled “The South China Sea: The Philippines, ASEAN, and their International Partners.”

The Philippines, under the Duterte administration, has decided to set aside the ruling in settling the maritime dispute with China.

“On shelving the ruling, what would happen if we should pass the point of no return?” Del Rosario asked.

The Philippines took a risk when the Philippine government went to arbitration at The Hague-based Permanent Court of Arbitration in 2013 with Del Rosario as foreign affairs secretary.

The ruling of the international arbitral tribunal not only vindicated the Philippines, but also upheld the rule of law over the waters and global commons of the SCS, making the ruling an integral part of the universal body of international law.

Manila made a strong contribution to the region, as the ruling benefited not only the claimants but also the whole world.

“My hope is that our ASEAN neighbors share the pride of what a member state like ours can accomplish, and see in the ruling an opportunity for all of the Southeast Asian region. Ultimately, advocating a rules-based regime is deeply embedded in who we are and what we must do,” Del Rosario said.

As this year’s chair of the ASEAN, the Philippines, he emphasized, has a unique and important opportunity to dwell on how it can work with its neighbors to ensure that a rules-based order succeeds.

Del Rosario also pointed out that the purpose of the cooperation should go beyond maintaining friendly ties, as the Philippines must also cooperate to ensure a neighborhood where countries follow the rules and uphold their commitments.

In 2002, ASEAN and China committed to a non-binding agreement over how claimants should all behave in the SCS. In the spirit of preventing and reducing tensions, the countries committed to self-restraint from activities that would complicate or escalate disputes.

“I am sorry to say that in the years that followed, one country did not exercise the necessary restraint expected of it,” Del Rosario said.

In 2017, as in 2012, he said that the greatest immediate source of regional uncertainty has been China’s unlawful efforts to expand its footprint throughout the SCS.

“Our region cannot promote the rule of law while ignoring the law as it stands,” Del Rosario said. “Moreover, we must not accept the position that China’s South China Sea build-up is a fait accompli that renders us helpless.”

It should be unthinkable for any diplomatic mechanism – whether bilateral or multilateral – to be used as a channel to reward unilateral activity or preserve unlawful gains, according to Del Rosario.

He urged the Philippines to speak out and work with its neighbors and friends to stand united in protest of island-building and militarization, Filipino fishermen being barred from entering Panatag (Scarborough) Shoal, irreparable destruction of marine commons and Defense Secretary Delfin Lorenzana’s challenged flyover in the SCS.

“We cannot wait for a ‘better time’ to come – we must create that time ourselves, lest that opportunity be lost forever,” Del Rosario said.

Philippine Defense Secretary Delfin Lorenzana (3L) gestures as he and military chief Eduardo Ano (R) inspect the runway of the airport during a visit to Thitu island in The Spratlys on April 21, 2017. Philippine Defence Secretary Delfin Lorenzana flew to a disputed South China Sea island on April 21, brushing off a challenge by the Chinese military while asserting Manila’s territorial claim to the strategic region. AFP/Ted Aljibe

BEIJING (Philippines News Agency) – China has lodged representations with the Philippine side following a visit by the Filipino defense and military officials in Pag-asa Island, according to the spokesman of the Chinese foreign ministry.

”Gravely concerned about and dissatisfied with this, China has lodged representations with the Philippine side,” Lu Kang said in a press statement posted on China’s Foreign Ministry Affairs website.

Last Friday, Philippines Defense Secretary Delfin Lorenzana and Armed Forces Chief Gen. Eduardo Año, along with other military officials, visited Pag-asa Island, a Philippine-occupied territory that is part of the disputed Spratly Islands in the South China Sea or West Philippine Sea.

Lu said the move of the Philippines defense and military officials has negated the important consensus reached between Chinese President Xi Jinping and Philippine President Rodrigo Duterte.

”This move runs counter to the important consensus reached between the two leadership, which is to properly deal with the South China Sea issue,” Lu said.

Lu said China is hoping that the Philippine government would continue to cherish a five-decade China-Philippines bilateral relations which rejuvenated under the leadership of Duterte.

FILE — In this Dec. 24, 2015, photo, provided by Filipino fisherman Renato Etac, a Chinese Coast Guard boat approaches Filipino fishermen near Scarborough Shoal in the South China Sea. Scarborough Shoal has always been part of the Philippines, by international law. The Chinese say they are enforcing fishing rules in the South China Sea now. Renato Etac

”We hope that the Philippine side could faithfully follow the consensus reached between the two leadership, maintain general peace and stability in the South China Sea, and promote the sound and steady development of China-Philippine relations,” he said.

Since Duterte’s visit in China last year, Lu said China and the Philippines have been keeping good communication to properly manage and resolve the maritime disputes in the South China Sea.

”We hope that this momentum can continue,” the Chinese foreign ministry official said.

In media reports, Lorenza described the trip to Pag-asa Island as a “normal visit within our territory”.

”We believe and we know that this is our territory and I am just visiting to look at the conditions of our people here,” the top Filipino defense official said.

Above: While Lorenzana visited Pag-asa Island he personally witnessed the presence from a distance of four to five Chinese Coast Guard ships

Pag-asa Island was occupied by the Philippines in the late 1960s and is categorized as a fifth-class municipality of Palawan province.

Lorenza has revealed a plan to set aside at least P1.6 billion to develop Pag-asa Island and a proposal by the Bureau of Fisheries and Aquatic Resources (BFAR) to build a fish port in the area.

In this July 14, 2016, file photo, Marcopolo Tam, a member of a pro-China business group in Hong Kong, points to what is now known as the Spratly Islands in the South China Sea on a Japanese World War II-era map purporting to support China’s claims to vast parts of the South China Sea, in Hong Kong. AP/Kin Cheung, File

“Last year, based on the friendliness between China and the Philippines, China made proper arrangement for fishing activities by Philippine fishermen in the relevant part of waters near Huangyan Dao,” Hua said in a press briefing Monday.

Reuters earlier reported that a small Philippine fishing crew is being allowed to fish in the area by the Chinese Coast Guard.

Chinese Coast Guard vessels are also present in the area to preserve peace, tranquility and order, the spokesperson said.

Asked about the statement of President Rodrigo Duterte that he would not place weapons on Philippines-controlled islets in the South China Sea, Hua stressed that China’s position on the issue has been clear and consistent.

President Rodrigo Duterte shakes hands with Chinese Ambassador to the Philippines Zhao Jianhua. Photo by EPA

“We are firm in upholding our territorial sovereignty and maritime rights and interests in the South China Sea,” Hua said.

The Chinese Foreign Ministry reiterated that Beijing is committed to settling disputes peacefully through negotiation and consultations with countries directly involved, including the Philippines.

China is also committed to working with ASEAN countries to preserve peace and stability in the region, Hua said.

“China has maintained close and effective communication with the Philippines on relevant issues. We hope that the Philippines can work with us to continue to properly handle differences and create favorable atmosphere for the sound and steady growth of bilateral relations,” the spokesperson said.

Duterte earlier ordered the Armed Forces of the Philippines (AFP) to occupy the country’s controlled islets and land features in the South China Sea.

The president made the order for the military to occupy South China Sea following reports that China is nearly finished with its construction of military facilities on three islands in the Spratly Group.

A Chinese J-11 fighter jet is pictured on the airstrip at Woody Island in the South China Sea in this March 29, 2017 handout satellite photo. CSIS Asia Maritime Transparency Initiative/DigitalGlobe/Handout via REUTERS

On July 12, 2016 a ruling of the Permanent Court of Arbitration in the Hague said China’s nine-dash line claim (shown above) was invalid and not recognized in international law.

FILE – In this undated file photo released by Xinhua News Agency, a Chinese H-6K bomber patrols the islands and reefs in the South China Sea. The Philippines’ top diplomat says China remains opposed to a legally-binding code of conduct in the disputed South China Sea even as negotiations have progressed on other elements of such a code. Acting Foreign Secretary Enrique Manalo said Tuesday, April 4, 2017, talks between China and Southeast Asian countries on the code’s framework have made headway but have not yet touched on whether the code will be legally-binding – as the Philippines and its neighbors want. Liu Rui/Xinhua via AP, File

South China Sea: Philippines has lost traditional fishing ground as Vietnamese move in with Chinese, Philippines envoy to China says — Everyone shares the common fishing ground — But fewer fish each year

Scarborough Shoal, Bajo de Masinloc or Panatag Shoal, is a traditional common fishing ground located 120 nautical miles from Zambales. Google Maps

In an interview with ANC’s Hot Copy on Headstart, Sta. Romana said that Vietnamese presence in the region brings back the essence of Panatag Shoal as a common fishing ground.

“Had we known this verdict back it 2012 that it’s a historical common fishing ground perhaps we should not have arrested the Chinese fishermen. It should have been a common fishing ground,” Sta. Romana said.

The standoff began when a Philippine Navy surveillance plane sighted eight Chinese fishing vessels anchored in a lagoon at Panatag.

The Philippine Navy then deployed warship BRP Gregorio del Pilar to inspect the Chinese vessels, wherein they discovered large amounts of illegally collected coral, giant clams and live sharks.

A China Coast Guard ship (top) and a Philippine supply boat engage in a stand off as the Philippine boat attempts to reach the Second Thomas Shoal, a remote South China Sea a reef claimed by both countries, on March 29, 2014 (AFP Photo/Jay Directo )

Sta. Romana, however, said that the 2012 Panatag Shoal standoff led to the country’s loss of the traditional fishing ground.

“That is what led to our loss. We tried to enforce and say that it is ours… It is true that what is ours is ours if it’s accepted by the world but in that case, the Chinese also say the same thing,” the diplomat said.

There have been reports that China is building an environmental monitoring station on Panatag Shoal.

The End of an era? Fishermen work to unload a net full of anchovies during a fishing expedition in the Pacific Ocean. Photo AP

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In this April 13, 2013 photo released by the Philippine Coast Guard, an officer of the Philippine Coast Guard holds a frozen pangolin or scaly anteater on board a Chinese vessel that ran into the Tubbataha coral reef, a UNESCO-designated World Heritage Site, in the southwestern Philippines. Authorities discovered more than 10,000 kilograms (22,000 pounds) of meat from the protected species inside the Chinese vessel F/N Min Long Yu. (AP Photo/ Philippine Coast Guard)

Endangered green turtles crawl toward Honda Bay in the Philippines, after being tagged and released into the wild. Photo by Romeo Gacad/AFP/Getty Images

Chinese nationals are routinely arrested for harvesting rare species and animals that will bring a big pay off in China….